PEOPLE EX REL. CAREY v. 1976 CHEVROLET VAN SERIAL NO. CGV1564131316

No. 78-660.

72 Ill. App.3d 758 (1979)

391 N.E.2d 137

THE PEOPLE ex rel. BERNARD CAREY, State's Attorney of Cook County, Plaintiff-Appellant, v. 1976 CHEVROLET VAN SERIAL NO. CGV1564131316, Defendant-Appellee.

Appellate Court of Illinois — First District (3rd Division).

Opinion filed May 30, 1979.


Attorney(s) appearing for the Case

Bernard Carey, State's Attorney, of Chicago (Paul P. Biebel, Jr., Solomon Slotky, and Michael F. Baccash, Assistant State's Attorneys, of counsel), for appellant.

Edward M. Genson and Jeffrey B. Steinbeck, both of Chicago (Cheryl I. Harris, of counsel), for appellee.


Reversed and remanded.

Mr. JUSTICE McNAMARA delivered the opinion of the court:

The People of the State of Illinois brought this in rem action to declare a certain vehicle forfeited. (Ill. Rev. Stat. 1975, ch. 38, par. 36-1 et seq.) After hearing evidence, the trial court refused to enter a forfeiture order. The court, instead, awarded the vehicle to a person whom it found to be the true owner. That person's interest had not been recorded in...

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